When a person is charged with a domestic violence case or any case at all, the first thing that usually pops to our mind is, can I be jailed for this? How long will I be jailed if proven guilty? No one wants to be jailed and have an unclean criminal record that is for sure. So, how long can you actually be jailed for a domestic violence charge? Before we answer that question, it is first important to discuss how domestic violence is defined by the law.
What is domestic battery/violence?
According to Kansas Law, domestic battery is the unlawful act of committing an unpriviledged touching in a rude angry or insulting manner to one’s spouse or former spouse, girlfriend/boyfriend or any person in which you are having or had an intimate relationship with. However, there are also other laws in Kansas'c state law that pertains to violence within a family home. You can view this website for more information on this type of domestic violence case. It is in the discretion of the prosecutor and law enforcement officers which charge is more appropriate to pursue based on the evidence gathered.
In Kansas, a domestic violence case can be charged as either a misdemeanor or a felony depending on the assessment of the case by the prosecutor. The prosecutor will usually charge it as a misdemeanor unless aggravating factors listed below is present in the case.
What are the possible punishments for a guilty domestic violence charge?
If the charge was a misdemeanor, the possible punishments are:
If the charge is a felony, the possible punishments are:
The judge has the discretion in deciding the punishment and jail time for any domestic violence cases. The judge will base the punishment on the severity of the case and on whether this was a first offense or not.
Domestic violence charge is a serious offense that carries a serious jail time but more importantly, it can tarnish a person’s credibility and dignity. It can also affect employment prospects in the future as well as housing opportunities. So it is important for any defendant of a domestic violence charge to prevent a guilty verdict to save his/her reputation and prevent the most dreaded jail time. The guidance and help of an expert lawyer on domestic violence cases can be the very thing that saves you from being imprisoned. So the moment you get charged with any case related to domestic violence, immediately call an attorney to represent you. For more common questions about domestic battery see the links below.
How common is it for an ordinary person to get charged with Domestic Battery?
It scares most people when they actually find out how easy it is to get into trouble. I would say eighty to ninety percent of people who come in for a consult with an attorney for such a matter are regular everyday people. They could be a lawyer, teacher, doctor, or someone from any walk of life. It is the average everyday person that finds themselves in this situation.
What Are The Most Common Scenarios you see Where Domestic Battery Charges End Up Being Filed?
Johnson County has a very strict policy on domestic battery. An average domestic battery is a difficult thing to quantify, but it is generally mom and dad get into an argument and somebody is usually intoxicated, and things get out of hand. It can be a fight, it can be anything. I have seen people get a battery charge over a board game. People just get mad over something and then next thing you know the cops get called.
The overwhelming majority of the time, people do not intend for their spouse or their significant other to get in trouble. They call the cops because they think that is the right thing to do at the time. They are excited or they may want to put some fear into the person that has touched them. Unfortunately, most jurisdictions policy is; If there is any evidence of domestic battery, someone is going to jail. Once you are in the system, it goes from there.
Are Domestic Battery Charges Filed In Tandem With Divorce Cases?
Yes, that happens. The two go hand-in-hand a lot of the time. It is not as common as people would think. In a relatively low percent of the divorces there is going to be some sort of domestic battery involved. However, when domestic battery occurs it can be the catalyst for ending a relationship. A lot of times, that is the straw that broke the camel’s back; “he laid his hands on me” or “she laid her hands on me.” They talk to their families, who then encourage them to get out of an unhealthy relationship.
Can a Battery Charge Be Used Against Someone Falsely Over Things Like Child Custody?
It does come into play. Some people will try to use it as leverage. For example, I once had a case where it was clear that the lady was trying to manipulate the system to get her husband out of the house during the divorce proceedings. She wanted him out of the house. Since there is a local rule in Johnson County that says you cannot kick the person out of the marital residence during a divorce, the only exception to that is if there is if there is an allegation of domestic abuse.
In that case, both people already knew, “The marriage is over practically”. The husband and wife are spending the night in different rooms, different parts of the house. They do not talk to each other anymore, but they are still living together while a divorce is in the process. Then one of the parties decides, “I want to do whatever I can to get this person out of their house.” They go to their divorce lawyer and the divorce lawyer says, “Well, you can’t. The only way that’s ever going to happen is if there is a domestic abuse allegation”. Next thing you know, very convenient, there is an allegation of domestic abuse.
In these types of case, a judge will often grant one person sole occupancy of the marital residence during the divorce. That can get manipulated and it is also heavy leverage as it makes one person fight on two fronts. Instead of having to fight not only the divorce case, they are fighting the state’s case trying to put them in jail, while at the same time they are fighting their divorce case. It is a kind of divide and conquer tactic that a lot of people will try to use.